44-2001. Voidable sale or contract for sale of
securities; remedy
A. A sale or contract for sale of any securities to any purchaser in violation of
section 44-1841 or 44-1842 or article 13 of this chapter is voidable at the election of
the purchaser, and the purchaser may bring an action in a court of competent jurisdiction
to recover the consideration paid for the securities, with interest, taxable court costs
and reasonable attorney fees, less the amount of any income received by dividend or
otherwise from ownership of the securities, on tender of the securities purchased or the
contract made, or for damages if the purchaser no longer owns the securities.
B. A person against whom an action for a violation of section 44-1991 is brought is
not liable under subsection A of this section if the person sustains the burden of proof
that the person did not know and in the exercise of reasonable care could not have known
of the untrue statement or misleading omission.
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